Idaho news. (Blackfoot, Idaho) 1887-1891, 1887-12-03
TWO DECISIONS
Not,, Of ~ hish Have Reference 60 L. N
uNtters Ia Nebraska.

. IMNNlele ~ Nf@AN
Washington special: Secretary La
mar has addressed letter TO Actins
Land Commissioner Stockslager 'n rel
ercnce TO the ID. C. Hudleston land cas-,
from McCook. Neb., which is Of more
t,np local interest The following Is It's
I'M text: II have considered the appeal
Of u. G. Hudleston from your office de
cision Of MAY %, 1885, denying his ap.
( p,ication 10 make homestead entry iut
I the northeast luarterof secticns3, town
! ship north, range 4S west, McCook'
( Nell. Instead Of the land being the
/ northwest quarter OF the SAME section,
! town ana ran q named in his homestead
! drclartturv statement, Hudleston hted
I I'LL homestead declamtury statement
Anllst II. 1855 and on March 20, lSop
made his application 10 enter the otlrI
land After fling lie returned 70 nan
saS for the purpose Of closing uP ms ~
fairs preparatory 10 removing Perhia
nently to his homestead claim ne SAYS
in his letter dated March %, 1856, anu
lilul III support Of his application that II
was impossible for him to rctarn IN the
fn!i and since January the winter has
licrn So severe that lie could not move
with his family and young stock tlll the
present time: that lie arrived III McCnoE
on his way to said land late last eyenlng
and on applying 10 homestead the land
covered hy his said fling this morning,
was told for the first time that said tract
was covered by . homestead entry
No SIS made March H., lsSt, hy Elisha
T. Smith. This affidavit is Only zorro,
burateil The circular Of December 10
1882. allows entry to lie made for the
same tract of land named in the declara
tory statement after the expiration OF
the six months after iii 3nte VI filing,
In eases where the failure results from
sickness, misfortune or any insurmuuut
allie case which shall be properly al.
leged ana satisfactorily shown and
whore no adverse right has interviewed,
where such cause has prevented entry
aud an adverse ruling has been admit
ted, il viii lie held proper within the
Il secretion of this Office 10 allow any en-
try upon another tract, provided that 1t
shall hG shown 10 the full satisfaction 81
the commissioners that the default was
practically beyond the power Of the
claimant to avoid. The applicant Ia,
not in this case presented state OF
facts that brings il within the provisions
OF this circular. He does not state any
OF the cirrum stances that prevented his !
return 20 the land in the fall of lS&l, be- |
fore the setting in Of cold weather, |
neither does he show that the winter Of !
1856 Was exceptionally severe, or that I
TRAY al was interrupted by storms or I
Snow bluckades. In short, there l. /
nuthin. in his application 10 show that /
he honestly eud.avOred 10 comply with |
the requirements Of tho laws aud WAS
therefrum l,y circumstances
beyond his control Your said decision
is affirmed
The secretary decision IN the appear
'ase Of f. G. Gi'fillan, Of the McConk
and district. also involves general
question. Giiillan made timber cul,
are entry January IA, 1885, and Jniy /
2, 1885, filed REIMBURSEMENT. On
uue ,, 1856 he filed his petition tn
ave his right restored and at the same
line filed an application for another en-.
~. In passing upon that application
lie land commissioner said. 'lt seems
hat the party relied too mn, ii mon the
OF others in making his
Hiry. ! must therefore decline his r..
nest and for the further reason that the
Nv u June "a, 1873, allows but one tim
ar claim entry
From this decision GILLIAN appealed.
his mn licatiln IL accompanied iy the
.lidtylt Ut the applicant, duly zorro
grated. which sets out in sub- lance (
lat he was induced 10 make the first
airy by the false representation Of a
'rtNn locator, who represented that ,
rrn WIS no right or claim 10 the land .
.ccpt an old pre-emptiGu claim which :
had run ont and was no good hatsvrr. /
nj that tie pre-cmptor had abandoned 4
- same and had never lived on the =
MT and that there would be no trnuhle !,
TINS applicant securing the land" He 4
rthcr states flat he was Young man. q
~ y years nf age, from the east. and '
7 being acquainted with the manner a
taAiny land, relied ON the statements
the lucntur; tlat shortly afterwards 4
fuUn no had been deceived and mis-.
! rs to the facts concerning the land
hen h. learned that he had been Z
sled and hal no chance 10 hold or rel y
Is land, he relinlHishcd his RIGHT t. =
. government without confederation &
Y secretary says to the commissioner.
! Us the statement that the act Of June =
1879, allows hut one timber culture !,
Try, yoH mean that under no circum. =
nc"5 may second entry be- mndc. I d
inot concur with y0u Entries under b,
timber cuitnre law should b. GOV 1t
icl as to amendments and tho allow
'ss Of second entries bv the rules that A
'em homestead entries under like cir IL
Instances There nrc circumstances ca
Ter which a second entry may he
,periy ayowed. rs where. thronrh no
u or neglect Of the entrvman. the fIryt
rv was incapable II being carried ~ =.
gtcnt The petition in this case does ~
set Hp facts that entitIct the arplicant II
he relief asked II appears Tint Ln b.
aware that there was n dpclaratnrv Ii,
ement for the land on file md Tile :,
sufficient to Pnt him upon his cuard "
, presumption filing was no lar ~ liz ci
~ for the land. He simply tonk ths re
noes OF that filing being perfected be
IN ehtry. That he was misIed and -,
tiVed by the party whom he hired 10 ~
ne nun, while unfortunate for him ~
OF sufficient reason for allowing him IN
cond entry. The petition docs moi p,
Y mat the applicant exercised Tho
htest care or prudence in making lila ~
"tlpn even to the extent Of inspect. w
the land in person. For the reasn, Of
q your decision rejecting the appli. sn
IN 10 affirmed" "i'i'i' sH
Senator Jones. nn
.fRoiT, Nov. Ex-senator Jones nj ri